United States v. Sergio Montes-Ramirez
United States v. Sergio Montes-Ramirez
Opinion
MEMORANDUM ***
Sergio Montes-Ramirez appeals from the district court’s judgment and challenges the 12-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Montes-Ramirez contends that the district court procedurally erred by basing *653 his sentence on the clearly erroneous factual determination that his prior conviction was a sexual offense. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the court expressly declined to characterize Montes-Ramirez’s prior crime as a sexual offense and imposed the sentence on the basis of Montes-Ramirez’s criminal and immigration history.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.